Education Scotland – Equality Impact Assessment
At all stages of the assessment process, colleagues should consider the requirements of the general equality duty for public
bodies, as defined in the Equality Act 2010:

eliminate discrimination, harassment and victimisation that is prohibited under the Act;

advance equality of opportunity between people who share a protected characteristic and those who don’t; and

foster good relations between those who share a protected characteristic and those who don’t.
The following “protected characteristics” should be taken into account: age; disability; gender reassignment; marriage and
civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation.
Title of
Policy/Procedure/Task to
be assessed:
Corporate Plan 2013- 2016
Person (s) Completing
Assessment:
Anna Boni & Jane Renton
Date:
30-7-13
STEP ONE: Identify aims and scope of the work
Aims/purpose of the
Policy/Procedure/Task:
To set out the strategic agenda and corporate business for Education Scotland over the next three
years.
Who is affected by the
Policy/Procedure/Task?
All Education Scotland staff.
Children, young people and adult learners.
Education Scotland works in partnership with the full range of bodies and organisations active in the field
of Scottish education, including Scottish Government officials, local authorities, further and higher
education, third sector organisations, and parent groups.
EQIA Corporate Plan 2013-16
1
Education Scotland – Equality Impact Assessment
Other stakeholders, including MSPs and Scottish Ministers.
What data are available
about those affected by
See Appendix 1 for data relating to Education Scotland’s core staff.
the Policy/Procedure/Task,
with reference to each of
the “protected
For data relating to our stakeholders, see Appendix 2 which contains extracts relating to education from
The Scottish Government’s evidence reviews , published along with Scottish Government Equality
characteristics”?
Outcomes and Mainstreaming Report – 30 April 2013 (see link in box below). These reviews explore
(see list on page 1)
available evidence about the scale and severity of issues faced by people with protected characteristics.
Education Scotland will use this information to inform workstreams arising from the Corporate Plan
2013-16.
What further information
do we require in order to
assess the potential
impact of this work?
A new initiative will be launched later this year by Scottish Government and fully supported by Education
Scotland, to ensure that all diversity data held for core staff is updated and accurate.
Further analysis of the Education Scotland Diversity Statistics by job grading is required.
Further analysis of the Education Scotland Diversity Statistics is required to compare our data with those
of the Scottish Government overall, as outlined in Scottish Government Equality Outcomes and
Mainstreaming Report – 30 April 2013 http://www.scotland.gov.uk/Publications/2013/04/2397. Pages
Education Scotland will also collate diversity data relating to temporary staff; seconded staff; Associate
Assessors; Lay Members; Student Team Members for college reviews; and any other non-core staff.
How and when shall we
obtain this information?
The HR team will lead on the above processes, working with colleagues across the organisation who
have responsibility for the various non-core groups referred to.
By 31 March 2013.
EQIA Corporate Plan 2013-16
2
Education Scotland – Equality Impact Assessment
STEP TWO: Assess the impact of the work:
Taking account of the
In developing Education Scotland’s core values of integrity, respect, excellence and creativity and the culture
information noted in Step
which underpins the work of the agency, and the structures, policies & procedures which will guide it, we have the
One, in what ways might
this work impact positively opportunity to reaffirm, and to strengthen, our commitment to promoting equality and diversity. This aim applies
equally to our own staff (the internal equality agenda) and to our stakeholders (the external equality agenda). One
and/or provide
of the overarching aims of the corporate plan is to reduce inequality across the Scottish Education system.
opportunities to promote
equality?
Consider all the
“protected
characteristics” groups.
The Civil Service Code, which now guides the work of staff, highlights the need for impartiality and states that:
“You must carry out your responsibilities in a way that is fair, just and equitable and reflects the Civil Service
commitment to equality and diversity. You must not act in a way that unjustifiably favours or discriminates against
particular individuals or interests.”
Colleagues also belong to a number of professional associations such as the GTCS and HPC which regulate the
professional conduct of individuals ensuring the Equalities legislation is upheld by members..
INTERNAL EQUALITY AGENDA
Through the Scottish Government’s HR policy framework, and its own specific HR and equality policies and
procedures, Education Scotland and its legacy organisations has had a strong record of promoting equality and
diversity amongst its staff. All staff have had equality and diversity training as part of their induction and ongoing
professional development programmes.
EXTERNAL EQUALITY AGENDA
Education Scotland and its predecessors organisations have had a strong tradition of ensuring and promoting
equality across Scottish education through various workstreams.
HM Inspectors have ensured that equalities issues are always discussed during its inspections and reviews. A
question relating to Equality and Diversity now features prominently in the pre-inspection self-evaluation pro forma
completed by headteachers. Education Scotland and its predecessors organisations have identified and shared
good practice in inclusion and in equalities education, including through a wide range of publications, notably a
number of documents supporting CLD staff in addressing the equalities agenda in their work with local
EQIA Corporate Plan 2013-16
3
Education Scotland – Equality Impact Assessment
communities.
Education Scotland has developed a variety of on-line materials specifically devoted to inclusion and equality and
additional support needs. We have worked closely with other organisations, such as SQA to develop resources
to, support young people facing barriers to their education such as Show racism the red card in 2013. We have
supported and published events for learners and practitioners in the areas such as Anti- sectarianism, Martin
Luther King’s Day and Holocaust awareness
In meeting the objectives outlined in our corporate plans, we must take every opportunity to continue to promote
equality and diversity. Building on all the positive aspects outlined above, we shall aim for continuous
improvement in our equalities-related work.
We shall go beyond minimal compliance with equality legislation, and model best practice in relation to equalities
in all aspects of our work.
In line with the general duty placed on public bodies by the Equality Act 2010, we shall work towards eliminating
discrimination harassment and victimisation that is prohibited under the Act; advancing equality of opportunity
between people who share a protected characteristic and those who don’t; and fostering good relations between
those who share a protected characteristic and those who don’t.
The ultimate aim of our work in this area will be to ensure that: all our staff are treated fairly and are fully aware of
equality and diversity issues; all learners in Scotland have the opportunity to achieve: and all learners and
educators develop an understanding of equality and diversity issues.
EQIA Corporate Plan 2013-16
4
Education Scotland – Equality Impact Assessment
Taking account of the
information noted in Step
One, in what ways might
this work impact
negatively on the
“protected
characteristics” groups
identified?
INTERNAL EQUALITY AGENDA
In line with the aims outlined in the section above, we shall ensure that our corporate plan and all activity related
to the delivery of the plan ensures equal opportunities for all our staff, taking full account of the information we
have about the “protected characteristic” groups, and the need to improve equalities-related information where
necessary.
Work will include ensuring that:
 our six strategic objectives and associated “deliverables” take account of equality and diversity issues;
 revised/new policies and procedures arising from the plan take account of the needs of our “protected
characteristic” groups across the organisation.
EXTERNAL EQUALITY AGENDA
In line with the aims outlined in the section above, we shall work towards ensuring that all learners in Scotland
have the opportunity to achieve, taking full account of the information we have about the “protected characteristic”
groups, and the need to improve equalities-related information where necessary.
As we deliver our Corporate Plan we shall continue to develop practitioners’ understanding of equality issues and
to support them in identifying groups at risk of not benefiting fully from education and in taking action to meet their
needs. Capacity building in this area will include sharing of good practice through publications and support for
professional learning; and professional dialogue with practitioners during inspection, review, continuing
engagement, and various capacity building, improvement or engagement activities.
Our stakeholder engagement arising from our plan will ensure that “protected characteristic” groups are as fully
involved as possible. We have already ensured that our stakeholder engagement in developing the corporate
plan was comprehensive and that the voices of leaners, including those from ‘protected characteristic’ groups
were specifically sought. For example, Young Scot was commissioned to work with young people from a diverse
range of groups including LGBT, those not in positive destinations and those with significant learning needs.
There is a risk that the Corporate Plan workstreams do not take sufficient account of the equalities agenda,
including the opportunity to ensure best practice. The above may lead to negative impact on “protected
characteristic” groups, both internal and external.
EQIA Corporate Plan 2013-16
5
Education Scotland – Equality Impact Assessment
As a result of this
assessment, what action
shall we now take?
The Equality and Inclusion Group will be responsible for supporting the review of activity arising from the
Corporate Plan advising CMG on proposed equality outcomes for Education Scotland, in meeting the
requirements of specific duties for Scotland relating to the Equality Act 2010.
What is the level of risk
with regard to each of the
protected characteristics?
Assess the level of risk as High, Medium, Low or Neutral
EQIA Corporate Plan 2013-16
GROUP
RISK
Race
Low
Disability
Low
Gender
Low
Religion or Belief
Low
Sexual orientation
Low
Age
Low
Other protected
Low
6
Education Scotland – Equality Impact Assessment
characteristics if
relevant (gender
reassignment;
marriage and civil
partnership;
pregnancy and
maternity)
STEP FOUR: Monitor progress with the action:
When will this work be
reviewed and by whom?
Sign off and publish impact assessment on Education Scotland website
Policy/Procedure/Task
Corporate Plan 2013-16
Strategic Outcome
Smarter
Directorate or Agency
Learning & Justice
Group
Education Scotland
Division
n/a
Name
Bill Maxwell
EQIA Corporate Plan 2013-16
7
Education Scotland – Equality Impact Assessment
Signature
INSERT SIGNATURE
Position
Chief Executive Officer
Sign off date
INSERT DATE
Guidelines: Issues to consider



Equality Impact Assessments should take account of all “protected characteristics” i.e. age (young and old), disability (physical
and mental), race (such as white, black, Asian, etc), religion and belief (such as Muslim, Jewish, Christianity etc as well as “nofaith” groups), gender (male, female, transgender) gender reassignment, sexual orientation (heterosexual, gay, lesbian,
bisexual), marriage and civil partnership, pregnancy and maternity
A policy/procedure/task may have a positive impact on particular groups but have an adverse impact on others. Consideration
should be given as to how this could be addressed
Consideration should be given as to the level of consultation required with any particular groups as this will form an important
part of the assessment process
When carrying out an EQIA, please refer to the guidance provided below to evaluate the level of concern you have about any
potential negative impact on the “protected characteristic” groups.


High – The EQIA has outlined a significant number of changes/improvements that need to be made. There is substantial evidence
that people from the group(s) are (or could be) negatively affected by the policy. Failure to address these issues will result in
reputational risk.
Medium –The EQIA has outlined a few changes/improvements that need to be made. There is some evidence that people from the
group(s) are (or could be) negatively affected. Failure to address these issues may result in reputational risk.
EQIA Corporate Plan 2013-16
8
Education Scotland – Equality Impact Assessment


Low – The EQIA has outlined minor or no changes that need to be made. There is little or no evidence that people from the
group(s) are (or could be) negatively affected. There is very little reputational risk involved.
Neutral – The EQIA has shown that the group is not affected.
EQIA Corporate Plan 2013-16
9
Education Scotland – Equality Impact Assessment
APPENDIX 1
Education Scotland Diversity Statistics (April 10 2013)
Gender: Female – 65.3% Male – 34.3%
Age
16-29
30-39
40-49
50-59
60+
Total
No.
23
41
63
103
15
245
%
9.4%
16.7%
25.7%
42.0%
6.1%
100.0%
No.
116
44
%
47.3%
18.0%
*
5
12
*
*
2.0%
4.9%
*
*
*
60
245
*
*
24.5%
Marital Status
Married
Single
Civil
partnership
Living together
Divorced
Separated
Legally
separated
Widowed
Not known
Total
100.0%
EQIA Corporate Plan 2013-16
10
Education Scotland – Equality Impact Assessment
Disability
Disabled
Not Disabled
Not known
Total
No.
*
109
**
245
%
*
44.5%
**
100.0%
No.
107
*
**
245
%
43.7%
*
**
Ethnic Origin
White
Asian Pakistani
Not known
Total
100.0%
Sexual Orientation
Heterosexual
Not known
Total
No.
41
204
245
EQIA Corporate Plan 2013-16
%
16.7%
83.3%
100.0%
11
Education Scotland – Equality Impact Assessment
Religion or belief
Church of Scotland
Roman Catholic
Other Christian
Muslim
No religion or belief
Not known
Total
No
.
13
6
*
*
16
20
5
24
5
EQIA Corporate Plan 2013-16
%
5.3%
2.4%
*
*
6.5%
83.7%
100.0%
12
Education Scotland – Equality Impact Assessment
APPENDIX 2
1. AGE
Educational qualifications by age group
Dividing working-age adults into age categories, those in the 25-34 age group
are most likely to be educated to at least degree level (34%)5. Those in this
age group are also the least likely to have no qualifications (8%). Those in the
most senior working age category (55-59 year-old women and 60-64 year-old
men) are the most likely to have no qualifications (33%). Apart from the 16-24
age group, this group was also the least likely to be educated to degree level
or above (19%).
The findings for low qualifications are echoed by the National Indicator data
from Scotland Performs. These report that the proportion of adults with low or
no qualifications is strongly associated with age. Over a quarter of 60-64 year
olds have no or low qualifications, which compares to around a tenth of those
aged below forty.
Further and Higher Education Students
Young people under 21 make up 36% of all entrants to higher education.
The majority of further education students study part-time (75%) and of these
students, the largest age group is 25-59 year olds (45%). Of the full-time
further education students (25%), the largest age group is the 16-18 year olds
(44%). The second largest group is the 19-24 year olds (32%), followed by the
25-59 year olds (21%).
Older data show that between 1998-99 and 2004-05, the number of
enrolments into further education increased most markedly for those aged 50
years and over, up 72% from 42,460 to 73,215.
EQIA Corporate Plan 2013-16
13
Education Scotland – Equality Impact Assessment
The High-level summary of equality statistics plots trends in higher
education by age (see graph below). Since 1994-95, the number of higher
education students studying in Scotland has increased across all age groups.
The largest increase has been for students aged 50 years and over, more
than a four-fold increase from 3,515 in 1994-95 to 15,145 in 2004-05, and this
is followed by students aged between 40 and 49 years, who have more than
doubled from 15,810 in 1994-95 to 32,630 in 2004-05. As would be expected,
the highest proportion (over 50%) of all higher education students are aged 24
years or less, in 2004-05.
Higher education students by age
The teaching profession
The High-level summary of equality statistics plots the number of school
EQIA Corporate Plan 2013-16
14
Education Scotland – Equality Impact Assessment
teachers by age (see chart below). More than a third of male and female primary
and secondary school teachers were aged between 50 and 59 years in 2005.
There were fewer male and female teachers in the younger age groups, most
notably those aged under 25 years.
Teaching profession by age
EQIA Corporate Plan 2013-16
15
Education Scotland – Equality Impact Assessment
2(i) DISABILITY (SCHOOL)
Demographics
The High Level Summary of Equality Statistics illustrates the learning
difficulties in school-age children in Scotland in 2005 (see chart below). Of those
pupils with a Record of Needs and/or an Individualised Educational
Programme, a fairly large proportion had moderate learning difficulties
(21.3%) or specific learning difficulties (20.9%). Between 2003 and 2005, the
proportion of pupils with a Record of Needs or Individualised Educational
Programme remained fairly constant for most types of learning difficulty.
Figure 1: Learning disabilities in schools (Source: Scottish Government (2006)
High Level Summary of Equality Statistics)
EQIA Corporate Plan 2013-16
16
Education Scotland – Equality Impact Assessment
Provision for special educational needs in schools
The High Level Summary of Equality Statistics also explores the provision for
special educational needs in schools, by gender (see graph below). It observes
that a markedly higher proportion of pupils with a Record of Needs or
Individualised Educational Programme are male, regardless of the type of
classes or school they attend, and this is consistent over time. In 2005, 70%
were male. Of all pupils with a Record of Needs or Individualised Educational
Programme, the majority (66%) were in mainstream classes all the time, while
23% were attending special schools or special units/ classes all the time, and
11% were in mainstream classes sometimes. The 70:30 male to female ratio
was constant across types of provision.
Special educational needs in schools, by gender (Source: Scottish
Government (2006) High Level Summary of Equality Statistics)
EQIA Corporate Plan 2013-16
17
Education Scotland – Equality Impact Assessment
Attainment
Scottish Government data show that school leavers with additional support
needs (including those leaving special schools) in 2009/10 continue to have
lower attainment, with only 11.7% of pupils with an additional support need
achieving one or more Highers or better, compared to 52.6% for those with no
additional support needs.
Areas of difficulty for pupils
In 2010/11, the rate of exclusions in Scotland for those with additional support
needs was 121 per 1,000 pupils. This was four times higher than for pupils
with no additional support needs.
The (then) Scottish Executive’s review of communication support needs
(2007) observes that children with communication support needs tend not to
perform well in school, and are at increased risk of bullying due to peers‟
attitudes or lack of understanding. The transitions to secondary school and to
further or higher education are identified as being particularly problematic, and
the review advises that they should be planned in advance in consultation
between the individuals concerned and professionals in both healthcare and
education.
Post school destinations
3.7 Skills Development Scotland’s School Leavers’ Destination Report 2009/1014
covers leavers from publicly funded secondary schools. It reports that 1.4% of
all school leavers declared a disability, and 80% of them went into positive
post school destinations. This compares to 86.8% for non-disabled pupils.
3.8 Scottish Government data show that leavers from publicly funded secondary
schools with additional support needs in 2009/10 continue to be less likely to
enter positive destinations on leaving school. It reports 71.3% in positive
follow-up destinations compared to 86.1% for those with no additional support
needs.
EQIA Corporate Plan 2013-16
18
Education Scotland – Equality Impact Assessment
National Indicator data from Scotland Performs show an improvement to
2012: although leavers with additional support needs are still less likely to be
in a positive destination than those without, around 77% of school leavers with
additional support needs are in a positive destination nine months after
leaving school. This compares to 88% of those without additional support
needs.
2 (ii) DISABILITY FURTHER AND HIGHER EDUCATION
Demographics
The Equality Challenge Unit’s report on further and higher education in
Scotland states that, over the six years to 2011, the proportion of students
who chose not to declare their disability status dropped, from 13.3% in
2005/06 to 9.5% in 2010/11. The proportion of students who declared a
disability increased from 11.4% in 2005/06, to 13.6% in 2010/11. Dyslexia
was the most common impairment type declared in 2010/11 (see chart below):
24.3% of students who declared a disability said they have dyslexia.
EQIA Corporate Plan 2013-16
19
Education Scotland – Equality Impact Assessment
Students who declared a disability, by impairment type, 2010/11
(Source: Equality Challenge Unit, 2012)
The Equality Challenge Unit report also offers comparisons for the level of
study, the subjects studied, and retention rates. A higher proportion of
students studying at further education level have declared a disability (14.5%)
than those studying at higher education level (7.9%). Some Scottish Credit
and Qualifications Framework (SCQF) levels had markedly higher proportions
of students who declared a disability than others. For example, 28.6% of
students studying at FE SCQF level 3 have declared a disability, compared
with 7.6% of students studying at SCQF level 8.
In terms of subjects studied, a higher proportion of students studying
agriculture declared a disability than any other subject (12.3%). Students
studying medicine and dentistry had the lowest rate of students who declared
a disability (2.5%), although the total number of students for these subjects is
small. Of students who declared a disability, 24.1% study creative arts and design,
22.2% study business and administrative studies, and 10.4% study mathematical and computing science.
Regarding retention, at higher education level, a higher proportion of students
EQIA Corporate Plan 2013-16
20
Education Scotland – Equality Impact Assessment
who declared no disability complete their course than students who declared
a disability (83.0% and 79.9% respectively). At further education level the gap
is smaller: 88.4% of students who declared no disability complete compared
with 87.6% of students who declared a disability.
In the view of the Scottish Funding Council, there is little difference between
the distribution of disabilities reported by Scottish domiciled students and
Scottish domiciled qualifiers, suggesting that disabled students are just as
likely to qualify from their course as those students without disabilities.
Attainment
The Office for Disability Issues Life Opportunities Survey findings for 2011
show that disabled adults are less likely than non-disabled adults to have
degree level qualifications. National Indicator data from Scotland Performs
make similar observation for qualifications at SCQF level 4 or below. In 2010
the proportion of those with a disability who had no or low qualifications was 29%,
almost three times the level of those who do not have a disability (11%).
However, the fall in the proportion of people with no or low qualifications has been
greater for disabled people than for people without a disability. Since 2007 the
proportion of disabled people with no or low qualifications has fallen by 3
percentage points, this compares to a fall of 2 percentage points for those
without adisability.
The EHRC Triennial Review reports on further education for the UK as a
whole. The proportion of students known to have a disability within the further
education student population increased from 6.5% in 2004/05 to 8.0% in
2008/09: this rise was entirely due to a rise in the number with “specific
learning disabilities” such as dyslexia. Disabled students are as likely to
receive a good degree as those not known to have a disability, and this varies
little among students with different impairment types: for example, in 2008/09
61% of those who were blind or partially sighted achieved a first or upper
EQIA Corporate Plan 2013-16
21
Education Scotland – Equality Impact Assessment
second class degree, compared to 65% of those with mental health difficulties
and 58% of those with a specific learning difficulty; 62% of students with no
known disability achieved these results.
A report on diversity in the further education workforce in 2005 found
virtually no research about staff experiences in relation to disability. The case
studies of colleges in this report found that most staff interviewed felt that this
area was dealt with effectively and that there was little discrimination,
although a small number of disabled interviewees felt that they encountered
many difficulties. It was noted in one college that the practical nature of some
work would make it unsuitable for people with certain types of impairments,
although it was not evident that reasonable adjustments had been fully
considered. Most staff felt that access had improved considerably though
there were some concerns in relation to specific buildings.
Barriers to education
The Life Opportunities Survey explores the barriers faced by disabled people
in education. The findings show that transport, lack of support,
attitudes of others and health conditions/impairments are all seen as barriers
to education for disabled people.
EQIA Corporate Plan 2013-16
22